ByteRider

I have read and understood the main process of going down the K1 route. From my understanding starting with the I-129F USA side to the K1 visa interview UK side to the final few docs (medical, Police check) it takes around 6 months to complete?

I have a couple of spanners that could potentially cause a problem or 2. Any knowledge on the matters would be received very gratefully.

background

I met my fiancé just over 2 years ago in the USA. I was visiting under the VWP. I overstayed my VISA by 8 months (I left in May 07). When I left I didn't hand in the I90 as I didn't want an official record and a confirmed 3 year ban.

Since I left the USA she has been to the UK 5 times to stay. We are now at the point where we are ready to commit to being together and have both decided to Marry and live in the USA.


The 3 problems I can see so far are:

1) The fact I overstayed the VWP and never handed in an I90.

2) During a night of fun and games in NYC I was cautioned by NYPD's finest (the details are to embarrassing to go into). I had to appear in court, was given a $200 fine and was told this would be on my record for 1 year. It has now been almost 2 years since this happened. The other thing in this case is that the nice people in Manhattan penitentiary recorded my last name down wrong from my passport. Please note I have never been charged with anything in the UK.

3) My fiancé is not currently working. Since I have met her she hasn't done much work at all, she is a self employed stylist. Is there a minimum amount of income one needs as the US citizen to press ahead with the K1 application?


I understand the whole process costs about £500-£700. This is not a problem, even it is was a 10% chance I would have a punt. I just wondered given the situation if my odds are going to be close to nil and if so is there any legal way round this?

regards,

Jim

AlanR

Hello Jim
I'm sure others will tell you to consult a lawyer. I think you're thinking of the I-94W form (an I-90 is very different!). What makes you think that there won't be a record of your overstay? Indeed with no record of your departure immigration may think that you've been there since arrival! Living in the UK presents far fewer problems than the US with respect to immigration - I guess you've considered this.... If you're happy having a "punt for 700 Pounds" on a 10% probability then a 100 pound consultation (approximately)with a lawyer will be well worth it. Look for an experienced one in this type of thing. You'll soon find others telling you how to do this....

AlanR

Also - your fiancee becomes your (mandatory) sponsor (or co-sponsor if the income isn't enough) - and there are minimum requirements. There are plenty of posts on this forum with respect to the K-1 process. Without this forum, I couldn't have negotiated the entire process....

ByteRider

Cheers Alan.

On the money side of things. I bring that up because after spending a few hours reading various threads I noticed there was something about the US Citizen needing at least $17,500 on their last 3 years of tax returns. Is this correct or have I misunderstood? I imagine a lawyer will be contacted shortly. I am merely trying to improve my knowledge as much as possible in the mean time.

thanks once again for the speedy reply!

regards,

Jim

ByteRider

In regards to the overstay I am not saying there will not be a record. I am saying there will be no record stamped in concrete. Things that are not stamped in concrete as far as I am concerned can always be changed if you have the right knowledge. As far as that knowledge goes I would not ask nor expect a reply on this forum.

regards,

Jim

Knight

I'd advise having a read of the K1 Article in the BritishExpats wiki, and then thr K1 Article for British Applicants. These will answer a few of the questions you have.

I am not sure how the court appearance in the US will affect the initial visa petition and then visa application, but USCIS will be aware of the information through their own process of background checks against you.

There are minimum income requirements. These are explained in the above mentioned articles.

There's no record stamped on your I-94W, but you can almost bet your last potato that the date of your departure will be on some file. They will have a record of you entering the country, and a record of how many days your I-94W was stamped for. There's also the fact that the airline will have a record of you leaving the US on a given date. I don't know what the FAA does with that information, but it'll exist in some form. Just something to be mindful of.

ian-mstm

Well... you didn't have a visa, so you didn't actually overstay it. However, you did overstay the VW and that's not usually good. Just to be crystal clear, are you saying that you were in the US for 3 months on the VW and then stayed an additional 8 months? Or did you leave 8 months after you arrived? There's a whopping big difference! Please clarify.


I know you mean I-94W! If you overstayed by more than 180 days, you draw an automatic 3-year ban. If you overstayed by 365 days, you draw an automatic 10-year ban. There is nothing you can do to stop the ban from becoming effective, and there is nothing you can do to stop the ban from preventing any and all future visa/travel plans... including a fiancee visa or even a spouse visa.


You will have to declare the arrest, but this should not be a huge issue.


She will need to demonstrate earnings of at least $17,500. As your fiancee, she *must* be your sponsor... but if she doesn't earn enough to qualify, you'll need a joint sponsor who does qualify.


You are correct, but you have also misunderstood. The $17,500 is *current* earnings... she does *not* need to demonstrate such earnings for the past 3 years.


Here's the thing... you can not change the actual circumstances... and if you lie or try to cover up *anything* at all... well, let's just say that USCIS is *not* known for its compassion or understanding. You potentially open yourself up for a lifetime ban.


I think this is a very wise decision!

Ian

jeffreyhy

Ian,

For adjustment of status, yes.

For the K visa, no. (Not that it makes a whole lot of difference in the end, since adjustment will follow.)

Regards, JEff

californian

This is a conservative estimate. You are looking at

I-129 filing fees - $455
Medical exam fees - £190 + (possibly fees for additional vaccinations)
K-1 visa issuance fees ($131)
K-1 visa courier - £13
AOS fees - $1010

If you use the $2 = £1 conversion rate you are looking at approximately £1000.

Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and expenses for travel to the embassy or consulate for an interview.

I know this isn't your main concern but just as point of clarification.

Folinskyinla

Hi:

You are partially correct. It need not be for the past three years. Generally it has to be current. There are also various work-arounds.

BTW, I'd be more concerned about the three year bar which you admit you have invoked. And also, you may have set up a situation where you cannot document that you are subject to a 10-year bar instead. Also, note that even lacking the I-94w turn in -- how did you leave the US? If you flew, the airlines do turn over their manifests.

ian-mstm

Quite right... I should have clarified.

Ian

ByteRider

Thanks for all the replies guys.

My new question has to be if I voluntarily admit to to overstaying by 8 months from the end of of my VW, is that "it" in terms of getting into America for the next 2 years (May 2010 would be the 3 years up)?

I am a firm believer that there are always ways round things but I am also a firm believer in the US immigration authorities liking to stamp as much authority on any living sole possible.

1)What if we got married in the UK and then went to the USA, would that carry any more of a punch?

2)Are there ever exceptions made for over staying the VW program. My Dad and his partner (both British) have a B2 Visa and live in the USA and my Mother is dead. Would there be any compassionate grounds to overlook not doing things by the book? Has anyone ever heard of such a thing?


In regards to the records kept on departure....

Either the airline does have records or doesn't have records. If it does then I will not have a problem proving it would only be a 3 year ban if I so desired. If it doesn't then there is no way of them having concrete proof on file, and that can viewed in 2 ways.....

I realise playing games with the US immigration normally means they win 99 times out of 100, but if one does not play then one will never win, and the only reason I want to be in the USA is because of the lady I love. I am prepared to have a punt as previously stated because if I can't get in for another 2 years it is unlikely our relationship will survive. We have considered her moving to the UK but there are reasons why it wouldn't work over here.

I understand there are never open and shut cases even with doing things 100% by the book.

regards,

Jim

ian-mstm

If you volunteer such information, then yes... you're out until 2010 *if* they figure it back to when you left. If they figure it from the date they find out... well, it could be longer. Be aware that you are not obligated to volunteer information, but if you are specifically asked, you must tell the truth. Even though you don't specifically mention it yourself, you must assume that they know about the overstay - this is a globally wired world, after all. Assume they know... and if they don't ask, you're not obligated to tell.


No. Being married to a USC will not help you regardless of where you marry.


Not that I know of... no. The US is particularly Draconian in this respect.


Sorry... no. USCIS is not known for its compassion.


Umm... your premise is faulty. USCIS wins 100% of the time... perhaps not this trip, though. They can and will haul you off to secondary inspection and interogate you as though you were a serial killer - with absolute immunity on their part. They will use tactics that border on mental torture - and you have no recourse! You will be so thoroughly intimidated that you will never again want to travel to the US. I'm not kidding either... we have had first hand experiences reported in this very forum. Believe me when I say you do *not* want to play games with these people.

Ian

Just Jenney

Well first of all, it's not a matter of "if" you'll be volunteering your overstay, but "when." You cannot apply for a K1 visa and NOT volunteer that information. The K1 visa application specifically asks when your most recent trip to the US was and how long that trip was. It also asks, "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?" There is no way that you can truthfully answer "no" to that question.

It is clear that you have had no experience with US immigration, then. In the case of your overstay, there isn't any wiggle room from what I can see. You overstayed more than 180 days, that's a fact. The only way around that is to lie, and the #1 rule in immigration is don't lie.

No.

No. Aside from the fact that your dad's visa is irrelevant to your plans, why would they want to "overlook not doing things by the book"? It's exactly the opposite of what they're working to do.


Why do you want to try to waste your time, effort and money to "get around the rules"? (You already tried that by deliberately not submitting your I-94W card when you left the States and look where it got you: Nowhere.) Instead, you should be focusing on how to do everything correctly this time so that you don't mess things up for yourself any further. At least your girlfriend can still visit YOU, so that's something.

But the sooner you realize that "US immigration" and "playing games" don't belong in the same sentence, the better off you'll be.

~ Jenney

USA & Pakistan

Why should Homeland Security allow you back in when you have such complete disregard for our laws? You do the crime, you do the time.


Marnee